The Employment Standards Act, 2000 (ESA)

The Basics

This information is from The Ministry of Labour

 

1. Payday

Expect a regular pay day and a pay stub that is clear. Keep a record of the hours that you work.

2. Deductions from wages

Some employers require you to pay for your uniform. Deductions from your wages to pay for a uniform may be made only if you agree in writing to have a specified amount deducted.

If a customer leaves without paying, or your error costs your employer money, that amount cannot be deducted from your wages.

3. Tips and other gratuities

Employers cannot withhold tips and other gratuities from employees or make deductions from their employees’ tips to cover things like spillage, breakage, losses or damage, etc. However, employers can make deductions from employees’ tips and other gratuities if it is authorized by statute or a court order, or if the amount will be distributed to other employees as part of a tip pool.

4. The Employment Standards Poster

The Employment Standards Poster describes important rights and requirements under the Employment Standards Act, 2000. The poster must be posted in the workplace where it is likely that employees will see it. Employers are also required to give every employee a copy of the poster.

5. What is work time?

Time spent in training that is required by the employer or by law counts as work time. If you have to transport materials from the workplace to another job site, that is work time, too.

 

6. Can I be required to work on a public holiday?

If you work in a hotel, motel, tourist resort, restaurant, tavern, hospital or an establishment with continuous operations, you may be required to work on a public holiday. If you work on a public holiday, you are entitled to premium pay.

7. Special rules

Some jobs have special standards or exemptions.

8. What’s my vacation pay?

Vacation pay is at least 4% of wages (excluding vacation pay). Any vacation pay not already paid is owed to you when your employment ends.

9. Are you a “temp”?

Temporary employees generally have the same rights as other employees under the ESA.

 

Employment Standards Information Centre

416-326-7160 (Greater Toronto Area)
1-800-531-5551 (Toll-free)
1-866-567-8893 (TTY for hearing impaired)